RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060002590


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the National Defense Service Medal
(NDSM), Korean Service Medal, United Nations Medal, and the Army Good
Conduct Medal (AGCM).

2.  The applicant states that he was not credited with these awards upon
his discharge at Oakland, California.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 October 1964.  The application submitted in this case
is undated but, was received at this office on 21 February 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he was inducted in the Regular Army
and entered active duty on 1 November 1962.  The applicant was credited
with          1 year, 11 months and 21 days of credible service in which 1
year, 3 months, and 20 days was listed as Foreign Service.  The applicant
was honorably discharged on 21 October 1964.

4.  The applicant’s DA Form 24 (Service Record) shows that he departed from
Oakland, California, on 2 July 1963 and arrived in Inchon, Korea, on 21
July 1963.

5.  On 19 December 1963, while assigned to Headquarters and Headquarters
Company, 2d Battalion, 8th Cavalry, Camp Ashworth, Korea, nonjudicial
punishment was imposed against the applicant for disobeying a lawful order.
 His punishment consisted of reduction to the grade of E-2.


6.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, inclusive.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, the regulation states that the
Korean Service Medal is awarded for qualifying service in the theater of
operations between 27 June 1950 and 27 July 1954.

8.  This same regulation states that the period of eligibility for the
United Nations Service Medal was between 27 June 1950 and 27 July 1954.
The regulation provides that this service medal was awarded to members of
the Armed Forces of the United States dispatched to Korea or adjacent areas
on behalf of the United Nations.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the qualifications and is entitled to the award of
the NDSM.

2.  Evidence of record shows that the applicant received an Article 15 on
          19 December 1963 in which the commander believed the infraction
was serious enough to warrant reduction in grade.  Therefore, in the
absence of a positive recommendation by the applicant's immediate
commander, the nonjudicial punishment received by the applicant serves as a
disqualification factor for the award of the AGCM.

3.  The applicant’s records verify that he was inducted into the Army in
November 1962 and was discharged in October 1964.  Therefore, he is not
eligible for the award of the Korean Service Medal or the United Nations
Medal which was authorized during the period June 1950 to July 1954.
However, the records show that the applicant is entitled to the award of
the Korea Defense Service Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1964; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            24 October 1967.  The applicant did not
file within the 3-year statute of limitations; however, based on the
available evidence, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI  ___  ___GP   _  ___KJ __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him the
National Defense Service Medal and the Korea Defense Service Medal.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the award of the Korean Service Medal, United Nations Medal, and the Army
Good Conduct Medal.




                            _______John Infante_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002590                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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